Terms and Conditions

We have over 20 years of experience in providing clean, green, and sustainable energy solutions that have enabled many households and businesses in New South Wales to make the solar switch smoothly.

The Clean Energy Council Limited (CEC) owns all intellectual property rights in the Solar PV Sale and Installation Agreement (Agreement).

The Licensee must not remove these terms of use or any copyright statement from the Agreement.
The Agreement must only be used by a party designated by the CEC as a “Licensee” for the Agreement.
The Licensee is only permitted to use the Agreement as the basis for creating an agreement between the Licensee and its end customers for the sale and installation of solar PV equipment (Permitted Purpose).
The Licensee may tailor the Agreement for the Permitted Purpose. Use of the Agreement for any other purpose is prohibited.
The Licensee must not make claims of any nature in relation to its association with the CEC, including that it is accredited, approved or endorsed by the CEC, or that it is compliant with the Solar Retailer Code of Conduct, as a result of being granted a license to use this Agreement.

If the Licensee does not accept the following, then the Licensee must not use the Agreement. The CEC has prepared the Agreement as “model” terms without the requirements of any particular supplier or supply arrangement in mind. In using the Agreement, the Licensee accepts full responsibility for:

a) obtaining expert advice for the Licensee’s use of the Agreement

b) compliance with all applicable laws relating to use of the Agreement and its subject- matter; and

c) reflecting the Licensee’s requirements in the Agreement

You consent to us collecting, holding, using and disclosing your information, including Personal Information, in accordance with the Privacy Act for the purposes of this agreement, and for the purpose of us marketing our products and services to you that relate to the System.
You acknowledge and agree that under this agreement you assign all STCs associated with the System and its operation to us, as set out in clause 10.
You acknowledge that we have explained the process surrounding the payment and trade of STCs (i.e., that STCs are only sold through a Clearing House when there is a buyer, there is no guarantee on how long they will take to sell, and you are not guaranteed $40)
You acknowledge and agree that we may vary the prices under this agreement in certain circumstances, as set out in clause 5.
You acknowledge and agree that your electricity retailer may change your electricity retail contract or tariff, as a result of you having us install the System at the Premises, and that you should contact your electricity retailer to obtain details in relation to this.
You acknowledge and agree that we have explained the terms of this agreement to you.
You acknowledge and agree that we will provide you with the Maintenance Documents listed in Attachment 2 once the System is installed and commissioned
You understand that provision to you of this Quote constitutes an offer from us to you on the terms of the Quote and the attached Terms and Conditions and that, by signing below, you accept that offer and enter into a legally binding agreement with us on those terms.

Solar PV Installation Agreement Terms and Conditions

Introduction

1.1 This agreement is between:

(a) Diya and Diyan Enterprise trading as Opera Solar Energy ABN 38627233167, referred to as “we” or “us”; and

(b) the customer named in the Quote is referred to as “you”.

What is this agreement made up of?

1.2 This agreement is made up of:

(a) these Terms and Conditions; and

(b) the Quote attached to these Terms and Conditions.

What does this agreement cover?

1.3 The agreement covers:

(a) your purchase from us of the solar photovoltaic system and other equipment referred to as the “System” and described in the Full System Design attached to this agreement; and

(b) delivery and installation of the System at your Premises.

When does this agreement start and end?

1.4 This agreement starts when you accept our offer set out in the Quote, which you can do by:

(a) signing and posting or delivering the Quote to our address as set out in the Quote.

(b) signing, scanning, and emailing the Quote to our email address as set out in the Quote; or

(c) accepting the offer over the telephone, by calling our telephone number as set out in the Quote (in which case we will send you a full copy of this agreement, by post or email, within one week after your acceptance).

1.5 However, your purchase of the System will not become final until all the following conditions have been satisfied:

(a) you have paid us the Deposit; and

(b) your electricity distributor (the company that delivers electricity to the Premises) has granted Grid Connection Approval.

1.6 This agreement ends when we have finished installing and commissioning the System unless we or you end it earlier in accordance with its terms.

1.7 If we have delivered and installed the System, then after the agreement ends the guarantees and related terms in clause 11 will continue for the Guarantee Period.

Other rules

1.8 In addition to this agreement, various laws, and codes, including the Australian Consumer Law and, if we have volunteered to be bound by it, the CEC Solar Retailer Code of Conduct, also contain rules applicable to the sale and installation of solar photovoltaic systems, and we will comply with these rules in selling you the System and installing it at the Premises.

Capitalised terms have special definitions

1.9 Capitalised terms used in the agreement have the meanings given to them in clause 16.

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